USCIS will strengthen the verification of those who came to the United States on a work visa

The H-1B visa program usually allows a foreign employee to work for a specific American employer. Occasionally, due to employment, job location may change. USCIS has published a memorandum that clearly states that the agency may request detailed documentation to verify compliance with the legal relationship between the employer and the employee while the employee is working in an outside workplace.

Фото: Depositphotos

By publishing this policy, USCIS clarifies existing regulatory requirements that H-1B petitions apply to workers who will work in one or more third-party jobs. This memorandum clearly states that employers must provide contracts and transfers to employees who will work in an external location.

The manual, which entered into force on February 22 of 2018, explains that in order for the H-1B petition concerning an outside workplace to be approved, the applicant must demonstrate that:

• The beneficiary will work on a specialty;
• The employer will maintain the relationship between the temporary employer and the beneficiary employee for the duration of the requested period.

When the beneficiaries of H-1B work in third-party companies, applicants must demonstrate that they have specific and non-speculative qualification tasks for the beneficiary during the entire time requested by the petition. While the H-1B petition can be approved for up to three years, USCIS, at its discretion, usually limits the approval period to a certain time, indicating that the beneficiary will be transferred to non-speculative work, and during which the applicant will maintain the necessary relationship between the employer and employee.

The updated political leadership is consistent with the decree of US President Trump "Buy American and Hire American"And a directive to protect the interests of US workers.

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